An overview of the various Immigration Waivers that our family immigration legal practice handles. We excel with complex cases.
In certain circumstances, the foreigner is barred from the U.S., most commonly where the foreigner
- has been in the U.S. unlawfully for more than 6 months
- committed certain crimes or
- made a false statement to an immigration officer or other government official in order to obtain an immigration benefit, such as a visa to enter the U.S.
If the foreigner is barred from the U.S., a I-601 (or I-212) bar waiver is required. A petition for bar waiver may be filed by husband or wife, fiancée, child or parent who is a U.S. citizen. A bar waiver petition can generally be successful only when it can be shown that the U.S. citizen is unable to reside outside the U.S. due to a serious and permanent medical condition or other extreme hardship. The hardship must be unique to the U.S. citizen’s circumstance. Read More About I-601 Waivers »
A foreigner can be barred from the U.S. by court order or as the result of summary removal at a port of entry by a U.S. border agent. Generally, a successful applicant for a bar waiver must show the equities weigh heavily in favor of setting aside the bar and allowing the foreigner access to the U.S. Very often, where there is a removal order, there are other bars as well such as for misrepresentation or crimes. It is common to have multiple bars, each with different waiver requirements. Read More About I-212 Waivers »
The International Marriage Broker Regulation Act was created to help prevent foreigners from being abused by the U.S. citizen fiance. Among other things, it prohibits a U.S. citizen from processing a new K1 fiancee visa petition (without a waiver) where the U.S. citizen:
- has filed two or more K-1 visa petitions at anytime in the past, or
- previously had a K-1 visa petition approved within two years prior to the filing of the current petition.
If the U.S. citizen has such prior K visa petitions filed and approved, a waiver must be obtained before a new K-1 petition can be approved.Allan
By regulation, this provision does not apply to a K-3 / CR spousal visa petition. It also does not apply if the prior K visa petition was for the same foreigner. Read More About IMBRA Waivers »
Adam Walsh Act
The Adam Walsh Act prohibits a U.S. Citizen from immigrating a foreign fiancee or spouse if the U.S. citizen has a conviction involving any form of sexual contact against a minor child, under the age of 18 years. A waiver to permit the U.S. citizen to proceed with immigrating a fiancee or spouse is possible, but difficult. Read More About Adam Walsh Waivers »
If your fiancee or spouse is already in the U.S. on a J visa, check the visa located in the passport to determine whether or not a two-year home restriction (under INA §212(e)) does or does not apply. If the home restriction does not apply then it can be possible to change status from a J visa to U.S. permanent resident green card holder based on marriage. Read More About J Visa Waivers »
Call for Assistance — Hiring a qualified and experienced immigration attorney is important when trying to overcome a bar. Call to discuss your situation. Initial consultation is FREE.
Our Immigration Law Practice
When you hire Allan S. Lolly & Assoc. P.C., you hire a team of experienced professionals with decades of knowledge who can help solve problems the right way. We take our work seriously. We want you to succeed, whether you are pursuing a green card, marriage visa, fiance visa, bar waiver, victim rights, or other family or employment benefits.
We’ve successfully obtained well over 15,000 visas and green cards for family members from over 190 countries. We can help you.